Chicago, Milwaukee, St. Paul & Pacific Railroad v. Cross

The plaintiff, Railroad Company, in its petition, seeks to enjoin the use, by defendant, of an opening under a trestle bridge on the railroad right of way as an under-crossing, or as a means of ingress and egress to and from her premises. It is the plaintiff Company’s intention to replace the trestle bridge with permanent construction and to install reenforced concrete pipes adequate for necessary drainage. The purpose of the-replacement of the bridge is to promote safety, eliminate fire hazard and reduce the cost of maintenance.

The defendant, in her answer, alleges in substance, that she and…